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The judgment below
The part against the defendant is reversed, and that part of the case is remanded to Busan High Court.
The plaintiff.
Reasons
1. The plaintiff's grounds of incidental appeal are examined.
In order for a security right to shares transferred for the security of a claim to be transferred to a creditor finally and conclusively by exercising the security right to the shares by way of reversion and liquidation, the creditor shall, after evaluating the shares at an appropriate price, appropriate the shares to the principal and interest of the secured claim at such price, and return the balance, or if the appraised amount falls short of the secured claim amount, the creditor shall complete the settlement procedure by notifying the debtor of such contents, and it cannot be deemed that the secured claim has yet
(See Supreme Court Decision 9Da14433 Decided December 10, 199). According to the reasoning of the lower judgment and the record, S and the Plaintiff filed a loan and transfer claim lawsuit against D and C Co., Ltd. (hereinafter “C”) on February 21, 2011 (hereinafter “C”), and in the warden, “D, the representative director of C, is the Plaintiff on September 30, 2009, with respect to the loan extended several times until the Plaintiff on September 30, 2009, with the term “50 million won used for the loan, interest rate of KRW 50 million per month, and the maturity of February 5, 2010 (for the above amount, KRW 45 million, August 30, 2010).” In order to secure the above loan claims, D and C did not own the Plaintiff’s share repayment amount of KRW 500 million within the agreed period of November 30, 2005.
'' has drawn up a share transfer agreement with the content of a share transfer agreement.
D did not repay the above obligation, and the appraised value of the transferred shares falls short of the secured claim amount (350 million won = par value of 50 million won per share x 70,000 won) and notify D and C by serving a duplicate of the complaint.
Therefore, C is obligated to implement the transfer procedure to change the name of shareholders on the register of shareholders from D to the Plaintiff with respect to the above 70,000 shares.
The plaintiff alleged as "," and thereafter, on June 28, 201.